A/HRC/45/CRP.7 214. In 2019, the Group of Experts expressed concerns about the impact of a “resurgence” of oppressive gender norms as a result of the conflict on persons with non-conforming SOGI. Further investigation was required as to whether parties to the conflict were directly perpetrating violations based on the grounds of someone’s sexual orientation or gender identity.313 The Group of Experts has now investigated the cases of ten persons with nonconforming SOGI who survived such violations and witnessed violations against others. The Group interviewed four transgender women, one transgender man, two gay men, and three persons with non-binary gender identities.314 The investigation focused on violence “motivated by prejudice”315 used against them by some parties to the conflict, including military and security forces, on the grounds of their real or perceived sexual orientation or gender identity. 215. People in Yemen face severe repression from their families and society for expressing masculinity, femininity and sexual orientation outside of that “expected” according to, for instance, their sex ascribed at birth. Personal status in Yemen is predicated on a patriarchal caste-like system that affords men expansive privileges and rights over subordinate groups, within which binary “male” and “female” gender roles and sexuality are strictly defined.316 Perceptions of moving outside of these roles threatens these privileges, resulting in marginalisation, stigmatisation and potentially violent repercussions. Furthermore, the 1992 Personal Status Law reinforces gender binaries, and the 1994 Criminal Code criminalises homosexual practices by men and women. The offence attracts the death penalty if the accused is a married man.317 216. The Group interviewed persons with non-conforming sexual orientation and/or gender identity who live and survive in Yemen in a profoundly dangerous situation. Two transgender persons also told the Group about their struggle to access transition medication and therapies that they rely upon. Since the advent of the conflict, sources working - or who used to work - with civil society organizations and other service providers in Yemen informed the Group that specialist protection and services for persons with non-conforming SOGI are no longer present in Yemen. Reportedly operating such services may be considered “illegal” by certain authorities. Some survivors described to the Group that, prior to the conflict, they felt safer, and that at least in Sana’a and Aden, they were able to express themselves in a limited way in some safe spaces. However, since the conflict started, they felt that this had changed, due to insecurity, increased prejudice and discrimination, as well as increased violence against them by some parties to the conflict.318 “Up until the war we lived in fear of conservative society, but at least we could live without fear of being actively targeted by the authorities. I felt free. This all changed after the arrival of the Houthis.” “Third gender” survivor of rape319 are attracted to people of the same gender, people with gender identities that differ from the sex assigned at birth, and people with non-binary identities or whose behaviour or characteristics do not fit with typical local definitions of male and female. In Yemen, such terms include “third gender”, which is commonly used by survivors to refer to themselves and people with non-binary identities, and “mithli”, both of which were used by survivors to variously convey all three categories of meaning. Other people who fall within these categories may identify with or use other terms. See also “Conceptualising Identities in the MENA Region: Implications for Rights Based Approaches” 2017, available at: ctdc.org/publication/conceptualising-sexualities-mena-region-undoing-lgbtqi-categories/. 313 See A/HRC/42/CRP.1, para. 633. 314 The Group is yet to interview lesbian women and intersex persons. 315This phrasing was recently used in another context by the Inter-American Court of Human Rights. See Inter-American Court of Human Rights, Azul Rojas Marín and Another v. Peru, Judgement of 12 March 2020, summary available in English at: https://www.corteidh.or.cr/docs/casos/articulos/resumen_402_ing.pdf and full judgement in Spanish available at: https://www.corteidh.or.cr/docs/casos/articulos/seriec_402_esp.pdf . 316 See A/HRC/42/CRP.1 paras. 616-633. 317 Personal Status Law of Yemen, 1992; Criminal Code Decree No.12, 1994, arts 264 and 268. 318 Confidential sources on file. 319 Confidential sources on file. 59